ilc2010 cas conclusions

8/9/2019 ILC2010 CAS Conclusions

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ILC 2010 (99th session):- Committee on the Application of Standards: Special Sitting toexamine developments concerning the question of the observance by the Governmentof Myanmar of the Forced Labour Convention, 1930 (No. 29)

Conclusions

The Committee noted the observations of the Committee

of Experts and the report of the ILO Liaison Officer

in Yangon that included the latest developments in the

implementation of the complaints mechanism on forced

labour established on 26 February 2007 with its trial

period extended, on 19 January 2010, for a further

12 months to 25 February 2011.

The Committee also noted the discussions and decisions

of the Governing Body of November 2009 and

March 2010. It further took due note of the statement of

the Government representative and the discussion that

followed.

The Committee acknowledged some limited steps on

the part of the Government of Myanmar. It noted the

further extension of the Supplementary Understanding

for another year; the agreement for publication and distribution

of an informative brochure on forced labour;

certain activities concerning awareness raising of the

complaints mechanism established by the Supplementary

Understanding, including newspaper articles in the

national language; and certain improvements in dealing

with under-age recruitment by the military. The Committee

was however of the view that these steps remained

totally inadequate.

The Committee noted that despite these special sittings,

none of the three specific and clear recommendations

of the Commission of Inquiry had been implemented.

These recommendations require the Government

to: (1) bring the legislative texts in line with Convention

No. 29; (2) ensure that in actual practice forced

labour is no longer imposed by the authorities; and (3)

strictly enforce criminal penalties for the exaction of

forced labour.

The Committee also noted that the complaints mechanism

reached only limited parts of the country and its

functioning could be an indication that there had been

any significant diminution in the use of forced labour.

The Committee emphasized the importance of the
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conclusions reached in its special sittings at the 97th and

98th Sessions of the Conference (June 2008 and June

2009), and again placed emphasis on the need for the

Government of Myanmar to work proactively towards

the full implementation of the recommendations of the

Commission of Inquiry appointed by the Governing

Body in March 1997 under article 26 of the Constitution.It also recalled the continued relevance of the decisions

concerning compliance by Myanmar with Convention

No. 29 adopted by the Conference in 2000 and 2006 and

all the elements contained therein.

The Committee fully supported all of the observations

of the Committee of Experts and the decisions of the

Governing Body referred to above, and expressed the

firm expectation that the Government of Myanmar

moves with urgency to ensure that the actions requested

are carried out at all levels and by all civil and military

authorities.

The Committee strongly urged the Government to

fully implement without delay the recommendations of

the Commission of Inquiry and the comments and observations

of the Committee of Experts. The Government

in particular should:

(1) take necessary steps to bring the relevant legislative

texts, in particular the Village Act and Towns Act,

into line with Convention No. 29;

(2) ensure that legislation foreseen by paragraph 15 of

Chapter VIII of the new Constitution is developed,

adopted and applied in full conformity with Convention

No. 29;

(3) ensure the total elimination of the full range of

forced labour practices, including the recruitment

of children into the armed forces and human trafficking

for forced labour, that are still persistent

and widespread;

(4) strictly ensure that perpetrators of forced labour,

whether civil or military, are prosecuted and punished

under the Penal Code;

(5) ensure that the Government makes the necessary

budget allocations so that workers are freely contracted

and adequately remunerated;


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(6) eliminate the continuing problems with the ability

of victims of forced labour or their families to complain

and immediately cease all harassment, retaliation

and imprisonment of individuals who use, are

associated with or facilitate the use of the complaints

mechanism;

(7) release immediately complainants and other personsassociated with the use of the complaints

mechanism who are currently detained;

(8) facilitate the production and wide distribution of

the brochure in the ethnic languages;

(9) intensify awareness-raising activities throughout

the country, including training to military personnel

to end under-age recruitment; and

(10) actively pursue agreement of a joint action plan

with the Country Task Force on Monitoring and

Reporting in respect of children in circumstances of

armed conflict, of which the ILO is a member, to

address amongst other things under-age recruitment.

The Committee called for the strengthening of the capacity

available to the ILO Liaison Officer to assist the

Government in addressing all of the recommendations of

the Commission of Inquiry, and to ensure the effectiveness

of the operation of the complaints mechanism, particularly

in respect of the urgent issuance of an entry visa

for an additional international professional as a priority

and without delay.

The Committee specifically called on the Government

of Myanmar to take every opportunity, including

through the continued use of all of the available forums,

to increase the awareness of the people (the civil and

military authorities as well as the general public) as to

the law against the use of forced labour, to their rights

and responsibilities under that law and of the availability

of the complaints mechanism as a means of exercising

those rights. An authoritative statement at the highest

level would be a significant step in this regard.

The Committee regretted with serious concern the

continued human rights violations in Myanmar, including

the detention of Daw Aung San Suu Kyi. The Committee

urged her immediate release as well as that of

other political prisoners and labour activists.


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The Committee called on the Government to investigate,

without further delay, the allegations of forced labour

orders and similar documents which had been

submitted to the Committee of Experts and encouraged

the Government to communicate to the Committee of

Experts, for its next session, its findings and any consequential

concrete actions taken. The Committee expectedto be in a position to take note of significant developments

at the next session of the Conference

ilc2010 cas conclusions

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